2521 2616
Telephone (Office)
2845 0260
Fax
Address
14/F and Suite 4401, Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong
Called to the Bar
Hong Kong, 2006
Languages
English
Cantonese
Mandarin
Areas Of Practice
Administrative and Public Law
Arbitration
Commercial Disputes
Company Law
Competition Law
Departmental/Industrial Summonses
Family and Private Client
Labour and Employment
Land and Property
Personal Injury/Medical Negligence
Probate/Administrative Action
Regulatory/Securities
"Definitely one of the brightest barristers around", "technically brilliant and tactically astute...He is especially good at securities litigation". - The Legal 500 (2023 ed.)
"Tony possesses outstanding advocacy skills, excelling in the art of presenting persuasive cases. His eloquence and command of language are exceptional, allowing him to articulate complex legal arguments with clarity and precision".- The Legal 500 (2024 ed.)
Tony is experienced in civil and in white-collar criminal cases. He regularly appears as counsel (both led and as sole advocate) in a variety of courts and tribunals, including the Court of Appeal and the Court of Final Appeal.
Tony's criminal and regulatory practice focuses on commercial fraud, and investigations initiated by the Securities and Futures Commission ("SFC") and the Independent Commission against Corruption ("ICAC"). Tony has represented directors and substantial shareholders of listed companies in defending proceedings brought by the SFC and ICAC. He has also been instructed to conduct private prosecutions against directors and substantial shareholders of listed companies for offences under the Securities and Futures Ordinance.
Tony also handled the first ever action brought by the SFC against directors of a listed company under s.214 of the SFO in SFC v Wong Wai Kwong David and Ors [2020] 3 HKLRD 606; [2020] 3 HKLRD 664, and the first ever criminal trial before a jury brought by the SFC in the High Court in relation to the offence of false trading in HKSAR v Sit Yi Ki HCCC 115/2021; [2024] HKCFI 1937.
This provides a unique perspective to Tony’s extensive civil practice, which focuses on company law, shareholders dispute, civil fraud and insolvency. Tony has also appeared in leading cases on land law (adverse possession, Chinese customary law and other land disputes), trust law (constructive trust, breach of fiduciary duty and property disputes) and medical negligence/personal injury. Other main practice areas include: arbitration, commercial law, employment disputes, intellectual property, construction disputes, shipping disputes, contentious probate litigation, ancillary relief and judicial review. A list of notable cases can be found under the Notable Cases section herein.
Tony has advised and/or acted for clients including the AIA Group, Hong Kong Stock Exchange, Hospital Authority and Medical Council.
Prior to joining Chambers, Tony studied law at the University of Hong Kong (LLB, PCLL) and King’s College London (LLM), and had obtained numerous awards and prizes. During his time at HKU Tony represented the University in a number of international mooting competitions. Tony was the Founding President of the HKU Advocacy and Mooting Society, and remians devoted to providing advocacy training to the Bar at the Advocacy Training Council.
Tony serves as a Chairman of the Buildings Appeal Tribunal, an Adjudicator of the Immigration Tribunal and an Adjudicator of the Registration of Persons Tribunal. He is currently a member of the Bar Association Special Committee on Competition Law and had served as a member of the Bar Association Special Committee on Companies Law, and was appointed by the HKU Senate as an External Examiner in Commercial Dispute Resolution. Tony was appointed to sit as a Deputy District Judge in March 2021, January 2023 and March 2024, and as a Deputy Temporary Registrar of the High Court in March 2023.
Qualification:
LLB (Hons.) (University of Hong Kong)
PCLL (University of Hong Kong)
LLM (King’s College London)
Professional Memberships:
Fellow, Chartered Institute of Arbitrators
Member, Chartered Institute of Arbitrators (since 2006)
Appointments:
Deputy District Judge (March 2021)
Chairman, Buildings Appeal Tribunal Panel (Current)
Adjudicator, Immigration Tribunal (Current)
Adjudicator, Registration of Persons Tribunal (Current)
External Examiner, University of Hong Kong (Commercial Dispute Resolution) (Past)
Part-time Lecturer, City University of Hong Kong (Past)
Member, Bar Council Special Committee on Companies Law (Past)
Member, Bar Council Special Committee on Competition Law (Current)
Member, Bar Council Special Committee on Young Barristers (Past)
Executive Committee Member, Hong Kong Competition Association (Current)
Reported Cases
Tai Cheung Management Co Ltd v Incorporated Owners of Tuen Man Central Square [2022] 2 HKC 335
Tam Lai Chi Lorche, suing as an administratrix of the Estate of Tam Kam Fai Francis, deceased v Chan Siu Mui [2022] 3 HKC 122
Ng Nim Chung, deceased & Anor v Ng Wing Man Terry [2022] 3 HKC 352
Cai Zhenrong v The Stock Exchange of Hong Kong Limited [2021] 4 HKLRD 57
Securities and Futures Commission v Wong Wai Kwong David and Ors [2021] 5 HKC 601
Ho Wai Tung v Ho Fung [2020] 4 HKLRD 508, [2020] 6 HKC 695
Securites and Futures Commission v Wong Wai Kwong David and Ors [2020] 3 HKLRD 604
Junior Police Officers' Association of the Hong Kong Police Force and Anor v Electoral Affairs Commission and Ors (No.3) [2020] 3 HKLRD 39, [2020] 3 HKC 628
Junior Police Offices’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Ors (No.2) [2020] 2 HKLRD 631, [2020] 3 HKC 305
The Bar Council v Mark Richard Charlton Sutherland [2019] 4 HKLRD 29, [2020] 1 HKC 392
Junior Police Officers’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Anor (CA) [2019] 5 HKLRD 291
Tang Moon Lam v Tang Ying Yeung [2019] 5 HKLRD 556
But Ka Chong v Interactive Brokers LLC [2019] 4 HKLRD 85, [2019] 5 HKC 238
Yu Quan Li and Anor v Suen Kin Wing [2019] 5 HKLRD 316
Tronic Int Pty Ltd v Topco Scientific Co Ltd [2017] 4 HKC 481, (2017) 22 HKPLR 45
T v TS and Ors [2014] 4 HKLRD 772, [2014] 6 HKC 247
T v B [2014] 4 HKLRD 772
Basab Inc and Anor v Superb Glory Holdings Ltd and Ors (2017) 20 HKCFAR 384
Erwiana Sulistyaningsih v Tsui Yun Bun Barry and Anor [2018] 1 HKLRD 487, [2018] 1 HKLRD 505
Fabiano Hotels Ltd v Profitmax Holdings Inc & Ors [2017] 6 HKC 414
Re Chin Wai Kei Gerodie [2010] 3 HKLRD 456, [2010] 5 HKC 96
Re Sunlight Elastic Limited [2013] 5 HKLRD 1, [2014] 1 HKC 362
Re Sanmenxia Tianyuan Aluminum Co Ltd [2013] 1 HKLRD 393
Hui Yin Sang v Choi Ping Kwan [2012] 2 HKLRD 1085
Re Chin Wai Kei Gerodie [2012] 2 HKLRD 657, [2012] 3 HKC 334
Tang Kin Cheung v Leung So Mui v Anor [2009] 1 HKLRD 443
Leric International Ltd (In Liquidation) v Easyrich International Holdings Ltd and Anor [2009] 2 HKLRD 238
Badreya Trading As Bright Star Raw Materials v Ramstar Tech Ltd [2015] 6 HKC 1
HKSAR v Hau Tung Ying & Anor (2011) 14 HKCFAR 453, [2011] 2 HKLRD 782
HKSAR v Leung Wan Keung [2011] 2 HKLRD 914
Chan Yau v Chan Calvin & Anor [2016] 1 HKC 1, [2016] CPR 1
Wong Yuk Ying v Chan Pui Shan [2017] 5 HKC 163, [2017] CPR 195
Chan Sung Lai v Sung Lim Paul and Anor Chan [2015] 4 HKLRD 268
Cheung Wah Nin and Ors v The Land Registry and Anor [2016] 5 HKLRD 356
Tang Kai Tung, the Manager of Tang Yuk Cho Tso v Tang Wai Lun [2016] 3 HKLRD 96
Chan Yau v Chan Calvin & Anor [2014] 5 HKLRD 304, [2014] 6 HKC 634, [2014] CPR 327
Ng Chi Keung v Secretary for Justice [2016] 2 HKLRD 1330, [2017] 3 HKC 305
Ng Chi Keung v Secretary for Justice [2014] 5 HKC 89
Ambarini BT Sahari Kasto v Fok Ka Ching [2017] 1 HKLRD 880
Law Yin Pok Bosco v Dr. Chan Yee Shing [2014] 2 HKLRD 260, [2014] 3 HKC 556
Cheung Sui Han v Dr. Luk Ka Ling [2012] 4 HKLRD 536, [2012] 5 HKC 147
Liu Chun Kow Joe v Lee Sau Wing [2008] 3 HKC 433
LPC v CYC [2014] HKFLR 445
TJCJ v HDCK [2015] HKFLR 269
Arbitration
Tronic Int Pty Ltd v Topco Scientific Co Ltd [2017] 4 HKC 481 – setting aside of arbitration award rendered under ICC Rules.
T v TS and Ors [2014] 6 HKC 247
T v B [2014] 4 HKLRD 772
Baosteel Engineering & Technology Group Co Ltd v China Zenith Chemical Group Ltd [2019] HKCA 435; [2019] HKCFI 120 - stay of execution of arbitral award
Acted for a foreign private equity firm in a shareholder dispute with its joint venture partners in Mainland China.
Acted for a leading construction company in the trial before an arbitration tribunal.
Acted for a leading chain of restaurants in a high value arbitration against a developer in Beijing.
Acted for client in a high value arbitration regarding a construction dispute in relation to the building of a high-tech laboratory in Russia.
Company, Insolvency and Commercial Fraud
Chong Kin Group Holdings Ltd v The Stock Exchange of Hong Kong Ltd [2022] HKCFI 1439, acted for the listed company Chong Kin Group Holdings Limited (Stock code: 1609). This was the first case in which the Listing Review Committee and the Court had to consider the interpretation and ambit of the reverse takeover provisions in the Listing Rules.
Securities and Futures Commission v Wong Wai Kwong David and Ors [2021] 5 HKC 601 -- represented the fomer directors of the listed company in the Court of Appeal to defend against the SFC's appeal
Basab Inc and Anor v Superb Glory Holdings Ltd and Ors (2017) 20 HKCFAR 384 – shareholder dispute – reflective loss
But Ka Chong v Interactive Brokers LLC [2019] 4 HKLRD 85, [2019] 5 HKC 238 – The Court of Appeal considered the approach to be adopted in insolvency proceedings where there exists an arbitration clause covering the dispute, including whether to stay the insolvency proceedings for arbitration.
Re Lehman Brothers Securities Asia Ltd HCCW 437/2008 and Re Lehman Brothers Nominees (H.K.) Ltd HCCW 464/2008 – insolvency – acted for the liquidators in the winding up of the Lehman Brothers group of companies in Hong Kong
Erwiana Sulistyaningsih v Tsui Yun Bun Barry and Anor [2018] 1 HKLRD 487 – acted for the Plaintiff in the high profile case in which she sought to set aside a fraudulent transaction under s.60 of the Conveyancing and Property Ordinance
Fabiano Hotels Ltd v Profitmax Holdings Inc & Ors [2017] 6 HKC 414 – injunction in aid of foreign proceedings
Re Chin Wai Kei Gerodie [2010] 5 HKC 96 – challenge of resolution passed in creditors’ meeting
Re Easy Carry Ltd and Ors HCCW 297-301/2014 – acted for China CITIC Bank in the winding up / restructuring proceedings of the insolvent company
Re Chu Chi Ho Ian HCB 4344/2012 – removal of trustee in bankruptcy
Re Sunlight Elastic Limited [2013] 5 HKLRD 1, [2014] 1 HKC 362– Shareholder dispute – striking out of petition
Re Sanmenxia Tianyuan Aluminum Co Ltd [2013] 1 HKLRD 393 – insolvency – substitution of petitioner
Hui Yin Sang v Choi Ping Kwan [2012] 2 HKLRD 1085 – shareholder dispute
Re Chin Wai Kei Gerodie [2012] 2 HKLRD 657, [2012] 3 HKC 334 – applicable test to be applied in a challenge to decision in creditors meeting
Tang Kin Cheung v Leung So Mui v Anor [2009] 1 HKLRD – Deadlocked company
Leric International Ltd (In Liquidation) v Easyrich International Holdings Ltd and Anor [2009] 2 HKLRD 238 – acted for the liquidators – unfair preference – avoidance of transactions
Badreya Trading As Bright Star Raw Materials v Ramstar Tech Ltd [2015] 6 HKC 1 – email fraud
Re Up Energy Development Group Limited HCCW 91/2016 – insolvency – acted for the China Mingsheng Banking Corp. Ltd. in the winding proceedings of the listed company.
Re UPI Technology Limited, HCCW 677/2003, 18/5/2007 – shareholder dispute – winding up – unfairly prejudicial conducts – just and equitable ground – acted for the Respondent in the company winding up case
Re Urgyen Khandroling Buddhist Centre (Hong Kong) Limited, HCMP 175/2007 – shareholder dispute – removal of director – advised and represented the Company
Re Business & Industrial Trade Fairs Ltd, HCCW 408/2007 – winding up – rescission of winding up order – advised and represented the Contributory in court hearings
Criminal, ICAC Investigations and SFC Investigations
Cai Zhenrong v The Stock Exchange of Hong Kong Limited [2021] 4 HKLRD 57 -- represented the listed company in a judicial review applicaiton against the decision of the Stock Exchange to delist the company
Securities and Futures Commission v Wong Wai Kwong David and Ors [2021] 5 HKC 601 -- represented the fomer directors of the listed company in the Court of Appeal to defend against the SFC's appeal
Securities and Futures Commission v Wong Wai Kwong and Ors [2020] HKCFI 727, HCMP 1227/2011 -- represented the former directors of the listed company in which the Court refused to make a compensation order (originally sought by the SFC in the sum of over HK$2 billion) against the former directors.
HKSAR v Hau Tung Ying & Anor (2011) 14 HKCFAR 453 – Represented the Defendant in the appeals (led by Peter Duncan S.C.) in the Court of Appeal and Court of Final Appeal in which officers of a listed company were charged with conspiracy to defraud.
HKSAR v Leung Wan Keung [2011] 2 HKLRD 914 – Represented the Defendant in the Court of Appeal in which the Defendant was charged with conspiracy to defraud
Represented the 3rd Defendant in the trial of HCCC 66/2010 (led by Eric Kwok S.C.) in which a well-known businessman and others were charged with blackmail.
HKSAR v Yip Wai King and Ors KCCC 4781/2007 - Represented the Defendants (led by Gary Plowman S.C.) in the trial and appeal involving charges of bribery.
HKSAR v Li Kin Kwok HCMA 233/2009 – Represented the Defendant (led by Gary Plowman S.C.) in the appeal involving charges of bribery.
Advised the Hong Kong Stock Exchange in an investigation against a listed company.
Advised a leading insurance group on its dispute with the SFC.
Private prosecution against the Chairman of a listed company for disclosing false and misleading information.
Property/Land/ Adverse possession
Tang Moon Lam v Tang Ying Yeung [2019] 5 HKLRD 556 (CA) -- leading case on the applicable limitation period in adverse possession cases which straddles the 1991 amendment, shortening the limitation period from 20 years to 12 years.
Chan Yau v Chan Calvin & Anor [2016] 1 HKC 1 (CA) – leading case on the illegality of small house development in the New Territories, resulting in the non-enforcement of the development contract.
Wong Yuk Ying v Chan Pui Shan [2017] 5 HKC 163 (CA) – represented the vendor in the Court of Appeal in this leading case on whether in a conveyancing transaction the vendor must deliver vacant possession despite a "subject to tenancy" clause.
Chan Sung Lai v Sung Lim Paul and Anor Chan [2015] 4 HKLRD 268 – Common intention constructive trust. The Court also dealt with the admissibility of evidence obtained covertly in breach of one's righ to privacy.
Cheung Wah Nin and Ors v The Land Registry and Anor [2016] 5 HKLRD 356 -- Registrability of instruments
Tang Kai Tung, the Manager of Tang Yuk Cho Tso v Tang Wai Lun [2016] 3 HKLRD 96 (CA) – Adverse possession
Chow Tin Sang v Citihero International Ltd CACV 121/2012 (20/6/2012) – Adverse Possession
Chan Yau v Chan Calvin & Anor [2014] 6 HKC 634 (CFI) – the court considered the illegality of small house development in the New Territories, resulting in the non-enforcement of the development contract.
Chu Wen Jing Jeniffer v Sin Hon Wai HCA 121/2016 – trust and unjust enrichment
Probate and administration
Kwok Suk Yin v Wong Chu Pong and Ors HCAP 11/2007 Contentious probate litigation – validity of will – capacity to make a will
Leung Sze Sum Cidy and Anor v Au Lap Yan and Anor HCAP 7/2017 – Contentious probate litigation – propounding a lost will
Chow Wai Fong and Anor v Chau Chi Keung HCAP 20/2013 – Beddoe application
Mak Mei Ki Angelal v Chan Wai Fong and Anor HCMP 1894/2016 – removal of administrator
Ye Jinxiang v Kam Ping Kwong HCAP 25/2012 - residual estate
Judicial Review
Cai Zhenrong v The Stock Exchange of Hong Kong Limited [2021] 4 HKLRD 57 -- represented the listed company in a judicial review applicaiton against the decision of the Stock Exchange to delist the company
Junior Police Officers' Association of the Hong Kong Police Force and Anor v Electoral Affairs Commission and Ors [2020] HKCA 352, CACV73/2020 – Represented the Applicant (led by Abraham Chan SC) in the Court of Appeal in hearing in which the court allowed the appeal brought by the police association and declared unconstitutional s.20(3) of the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation, Cap 541A. Under s.20(3), the full name linked to the full principal residential address of over 4 million voters as contained in the final registers of electors are made available for public inspection without restriction which, in the view of the Court of Appeal, amounts to a disproportionate encroachment on voters' constitutional right to privacy and right to vote.
Junior Police Officers’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Ors 2019] 5 HKLRD 291 – Represented the Applicant (led by Abraham Chan SC) in the Court of Appeal in which the Court allowed the appeal and granted an interim injunction prohibiting public inspection of the Final Register of electors in the forthcoming District Council election. The Court of Appeal strongly condemned the practice of doxxing and explained the adverse impact such practice has on election and Society.
Junior Police Offices’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Ors [2019] HKCFI 2543, HCAL 3042/2019, 16 October 2019 – represented the Junior Police Officers’ Association in the case involving the constitutionality of revealing the identity and address of electors to the public and candidates.
Ng Chi Keung v Secretary for Justice [2016] 2 HKLRD 1330, [2017] 3 HKC 305 – Represented the Applicant in the judicial review proceedings against the decision of the Director of Public Prosecutions to intervene and terminate the private prosecution brought by the Applicant. Important constitutional issues regarding the right to bring private prosecutions and the position of the Director of Public Prosecutions were considered.
Ng Chi Keung v Secretary for Justice [2014] 5 HKC 89 Represented the Applicant in the Court of Appeal in which the Court allowed the appeal and granted leave for judicial review proceedings to be brought against the decision of the Director of Public Prosecutions to intervene and terminate the private prosecution brought by the Applicant.
Equal opportunities and Employment
Sit Ka Yin Priscilla v Equal Opportunities Commission and Anor, HCMP 1117/2011 － acted for the plaintiff in the claim by the former director of EOC for workplace discrimination.
Cantor Fitzgerald (Hong Kong) Capital Markets Ltd v Jason Jon Boyer and Ors HCA 43/2012 – acted for a leading Wall Street brokerage firm in a high profile dispute between the company and its former director and brokers.
Personal injury and Medical negligence
Ho Wai Tung v Ho Fung [2020] 4 HKLRD 508 -- represented the Plaintiff in the medical negligence claim against the Defendant doctor.
Lam Po Yee and Anor v Dr. Chan Yee Shing HCPI 62/2011, 8/5/2017 – represented the parents in the medical negligence claim against the defendant doctor. The principles of recovery in relation to nervous shock sustained after witnessing their son’s condition as a result of the doctor’s treatment was considered in detail by the Court.
Ambarini BT Sahari Kasto v Fok Ka Ching [2017] 1 HKLRD 880 – assessment of damages for a victim of rape.
Law Yin Pok Bosco v Dr. Chan Yee Shing [2014] 2 HKLRD 260, [2014] 3 HKC 556 -- appeared for the Plaintiff in his successful appeal to the Court of Appeal
Cheung Sui Han v Dr. Luk Ka Ling [2012] 4 HKLRD 536, [2012] 5 HKC 147
Liu Chun Kow Joe v Lee Sau Wing [2008] 3 HKC 433 represented the defendant in which the point of law as to whether the novel claim (which is not conventionally made) brought by the plaintiff for his loss of enjoyment of holiday calculated on the basis of his daily earnings should be allowed.
Erwiana Sulistyaningsih v Law Wan Tung DCPI 569/2015 -- appeared in this high profile case by the former domestic helper of the Defendant, claiming for damages arising from assault and false imprisonment.
Sun Jianqiang v Trans-Island Limousine Service Limited, CACV 20/2003, 12/2/2007 – acted for the defendant in opposition to the Plaintiff’s application for leave to appeal to the Court of Final Appeal.
Stella Wu v Hospital Authority, HCPI 1415/2000, 3/8/2007 represented the Hospital Authourity at trial (led by John Bleach S.C.) defending the claim by an injured nurse alleging an unsafe system of work adopted by the Hospital Authority.
Family, matrimonial and ancillary relief
LPC v CYC [2014] HKFLR 445
TJCJ v HDCK [2015] HKFLR 269
ZYM v LYK and Ors FCMC 1457/2007
Other published cases in which Tony Ko appeared as counsel may be found by searching the phrase “Tony Ko” in the “Judgments” section of the Hong Kong Judiciary website at http://www.judiciary.gov.hk/.
Prizes
Dean’s Honours List (2000-2001)
Dean’s Honours List (2002-2003)
Asian-America Institute in Transnational Law Scholarship (2001)
Middle Temple Society Hong Kong Scholarship (2002)
Bloomsbury Books Prize for Civil Procedure (2004)
Publications
Contributing Author, Lexis Practical Guidance – Dispute Resolution
Contributing Author, Lexis Practical Guidance – Employment
Shanghai Lawyer – An Illustration of the Operation of the Competition Ordinance (2015)
Complex Commercial Crimes Ordinance, Cap 394 – Annotated Ordinances of Hong Kong (2016)
TONY KO
COUNSEL
